Building and Engineering Contracts Law and Practice (2 Volume Set)

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Description
Our lament in the last edition of the book that times were not good for the building and construction industry holds good even as on date. Improvement, if any, is not very perceptible. Due to economic slowdown, the realty sector is also not showing signs of revival. Newspaper reports reveal that many large and reputed infrastructure companies have been unable to complete their housing projects on time, resulting in the buyers approaching the Courts for redressal. The Courts have gone to the extent of handing out imprisonment sentences to the Managing Director and other similarly placed senior Management personnel of the companies. Though this is a welcome step, but would this be sufficient to ensure revival of the realty sector? The answer is possibly NO. Then what is required to turn the atmosphere of gloom into a boom? The policies of the Government have to undergo a radical change. It has been seen lately that any progressive step taken by the Government is mired in controversy on one pretext or the other. For example, the issue of change of land use has become quite controversial. Decisions taken by one Government are invariably assailed by the successor Government and enquiries are ordered. In any change of land use matter, an element of discretion is always involved. The officers taking such decisions are hauled up in the enquiries held subsequently. This leads to inertia in the bureaucracy, inasmuch as officers are afraid of taking bold decisions for the fear of backlash at a later date. Therefore, some mechanism has to be put in place to protect such officers. We do not, even for a moment, suggesting that wrong doers should be protected, but officers who take decisions in the usual course of duty should not be harassed. Subjectivity should be avoided for better results.
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Contents
Volume 1
Chapter 1. General Principles of Contract
Chapter 2. Contracts with Government
Chapter 3. Void and Voidable Contracts
Chapter 4. Tender and Writ Jurisdiction
Chapter 5. Construction of Contracts Architects, Engineers and Quantity Surveyors
Chapter 6. Architects, Engineers and Quantity Surveyors
Chapter 7. Sub-Contracts
Chapter 8. Performance of Contract
Chapter 9. Extension of Time and Time Whether Essence of Contract
Chapter 10. Extras, Variations, Alterations, Additions and Omissions
Chapter 11. Approval and Certificates  
Chapter 12. Price and Payment
Volume 2
Chapter 13. Defects
Chapter 14. Quantum Meruit
Chapter 15. Frustration of Contract
Chapter 16. Novation  of Contract
Chapter 17. Waiver and Estoppel
Chapter 18. Breach of Contract
Chapter 19. Liquidated Damages
Chapter 20. Termination, Forfeiture, Determination and Vesting of Materials
Chapter 21. Blacklisting
Chapter 22. Bank Guarantee
Chapter 23. Words and Phases Occurring in Building Contracts
Chapter 24. Interpretation of Engineering Clauses
Chapter 25. Arbitration (Under the Arbitration and Conciliation Act, 1996)
Appendix.  The Indian Contract Act. 1872
Consolidated Subject Index
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Author Details
Dr P.C. Markanda :  F.I.E., LL.B., Senior Advocate, Member, Governing Body, Indian Council of Arbitration, Senior Vice President (North), Indian Institute of technical Arbitration 
Naresh Markanda BE, LL B, Senior Advocate
Rajesh Markanda BA (Hons), LL B, Advocate
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